Concord zoning issues to be addressed in review:

APPENDIX I

TO: Concord Long Range Planning Committee – Land Use Subcommittee

FROM: rick Taintor

DATE: September 5, 2003

RE: Zoning Bylaw Review – Village Center Zoning

This is the second memorandum presenting my findings and recommendations relating to Concord’s Zoning Bylaw. The focus of this memorandum is on zoning for Concord’s village centers.

Village Center Zoning

Concord’s Zoning Bylaw contains two “business” districts:

· The general Business district applies to Concord Center, the Depot area, and West Concord. In Concord Center, the Business district includes the primary village center along Main Street, the Colonial Inn complex on Monument Street, and several parcels in the Keyes Road/Lowell Road area.

· The Limited Business districts are mapped in 8 separate locations throughout the Town (including two locations adjoining Business districts in Concord Center and West Concord). These districts consist of individual parcels or small groups of parcels and have been designated over the years for specific purposes.

(Additional nonresidential zoning districts include the Industrial, Limited Industrial Park, and Medical Professional districts.)

The Business district is thus the principal tool for regulating land use in Concord’s village centers. The existing use and intensity regulations are generally very positive for accommodating the type of development that is appropriate for the Town’s historic village centers. The following discussion reviews the key elements of the Business district zoning, and makes several recommendations for changes that the Town could consider to support land use objectives for the village centers.

In general, the existing use and intensity/dimensional regulations are very good in terms of supporting development that is consistent with Concord’s established character and residents’ objectives for these centers. Some minor changes are suggested relating to industrial land uses, required front yard setbacks, and open space requirements for mixed uses. The more important recommendations are (1) to relax off-street parking ratios in the core village areas, and (2) to establish building design standards.

In reviewing these recommendations, the Town should consider whether it makes sense to establish a separate Village Business district, so that the existing Business district regulations may be preserved for areas that are not in the immediate historic centers, such as the Keyes Road/Lowell Road area near Concord Center.

Use Regulations

The Zoning Bylaw allows a wide range of uses in the Business district, including:

· Single-family dwelling

· Two-family dwelling (by special permit)

· Combined business/residence

· Boarding house

· Hotel or motel

· School, child care facility, religious use, philanthropic uses

· Hospital, nursing home

· Lodge and club

· Municipal use

· All business uses allowed in the Town, except veterinary or kennel

· All industrial uses allowed in the Town

This flexibility is a positive aspect of the Bylaw, particularly the specific allowance of mixed residential/business uses. However, it is suggested that the Town consider requiring a special permit for the establishment of industrial uses (including warehousing, storage yards, and manufacturing) in order to protect the pedestrian and consumer orientation of the village business districts.

Dimensional/Intensity Standards

The Business district’s dimensional and intensity regulations are quite permissive: there are no requirements for minimum lot area, frontage, or width, or for maximum lot coverage or floor area ratio.

The district does require a front yard at least 10 feet in depth, which is not consistent with many structures, particularly in Concord Center and West Concord where commercial buildings front on the sidewalk with no front setback. This requirement should be reviewed for its consistency with existing development patterns in each Business district, and amended if appropriate.

In some locations a “build-to” line may be more appropriate than a minimum setback requirement, in order to maintain the continuity of storefronts. Examples of zoning regulations with “build-to” lines (Norfolk, MA, and Wickford, RI) are included as attachments to this memo.

Mixed-Use Development

As noted above, the Bylaw allows dwelling units in the same structure as a commercial use in the Business district. The only apparent obstacle to such mixed-use is the requirement for open space at least twice the area of the residential portion of the building. The bylaw provides for reduction in this requirement, but only if the lot contains open space equal to at least 25 percent of the gross floor area of the building. Since no open space is required for nonresidential uses, this represents a disincentive toward mixed use.

Off-Street Parking

Zoning bylaws establish off-street parking requirements in order to prevent congestion and traffic safety problems. However, parking requirements in town centers can often be reduced compared to those in other areas because of the availability of public parking spaces, both off-street and on-street. In addition, parking requirements may be reduced because many patrons of town center businesses walk from their homes or workplaces.

It is recommended that Concord consider reducing the off-street parking requirements in its town centers, based on (a) parking spaces in public lots, (b) on-street parking spaces, and (c) consideration of reduced parking needs due to multiple-purpose trips, higher levels of pedestrian activity, and proximity to homes and workplaces. The Zoning Bylaw currently allows for relief from parking requirements (Sec. 7.7.2.12); however, it is appropriate to allow for reductions as of right where alternative facilities are available to meet the needs.

The appropriate reduction in off-street parking regulations may be calibrated by carrying out a comprehensive parking survey of the study area. Such a survey would (1) calculate the existing and potential floor area in the study area, in order to estimate potential parking demand at build-out; (2) count all existing and potential public on-street and off-street parking spaces; and (3) compute the percentage of potential demand represented by the potential public spaces. For example, in Wickford, RI, a study found that existing businesses provided only 61 percent of the total off-street parking spaces required by the zoning ordinance (601 spaces required; 367 spaces provided in private lots), but that more than half of the 234-space deficit was made up by the availability of 143 on-street spaces. Combined with the availability of spaces in nearby public lots, it was recommended that the required parking ratios be reduced by 50 percent in the village business district. A similar analysis could be carried out for each of Concord’s village centers to determine actual parking supply relative to existing and potential demand.

Design Standards

Concord’s Zoning Bylaw contains general “design standards” for site plan review, but these standards pertain primarily to design and landscaping of parking lots and exterior lighting. Design elements that are not addressed by the Bylaw include architectural design and the relationship of buildings to the sidewalk and street. These issues can be difficult to regulate because they are more qualitative than the measurable aspects such as permitted uses, development intensity, or number of off-street parking spaces; but their impacts on the character of an area can be just as significant.

It is recommended that Concord consider establishing design standards and a design review process that addresses building design in the village districts. The example bylaws attached to this memorandum contain several approaches to design standards. In addition, a Design Review Manual prepared for the Blackstone River Valley National Heritage Corridor is available on our website at: http://www.taintorassociates.com/projects/bvi/designreview.pdf

Examples of Village Zoning Regulations

Three examples of village zoning regulations are attached to this memorandum. The first is from the neighboring town of Acton, and presents zoning regulations for the Kelley’s Corner area at the junction of Routes 27 and 111. This area is a older community shopping area which the Town has designated for more concentrated development with an increased pedestrian orientation. The zoning regulations adopted for the Kelley’s Corner area mandate that all lots exceeding a basic density level incorporate design standards that promote pedestrian circulation, safety, and comfort. These standards include:

· providing sidewalks and pedestrian plazas;

· locating parking areas behind buildings; and

· incorporating building facades that are consistent with traditional town character and are oriented toward pedestrians and the public.

The second example is from the town of Norfolk, Massachusetts, relating to development standards for its Town Center. Norfolk is promoting development of higher-density, pedestrian-oriented uses in the town center, which is served by a commuter rail station. The zoning regulations for the Town Center districts address many issues of building and site design in a similar manner to Acton’s Kelley’s Corner district, including building scale, pedestrian access, building facade design. The bylaw also provides for reductions in off-street parking requirements to reflect shared parking facilities and the availability of off-site and on-street parking spaces.

The third example is from Wickford, Rhode Island, the historic center of the town of North Kingstown, and includes two documents. The first consists of excerpts from the proposed regulations for the Wickford Village district, addressing special regulations for building scale, development intensity, and off-street parking. The second document presents “Village Character Design Standards” that are proposed to apply to any village district in the Town of North Kingstown (to date, Wickford is the only such area designated, but the Town is planning for several other locations and may create special village districts for these areas in the future). A separate set of proposed regulations establishes a design review process for the town, which will reference the Village Character Design Standards.

KELLEY’S CORNER DISTRICT
ACTON, MASSACHUSETTS

5.6 Special Provisions for the Kelley’s Corner District

5.6.1 Purpose ‑ In the Kelley’s Corner District, the principal goal guiding the regulations set forth herein is to sustain and encourage a vital business center that provides needed goods, services, jobs and increased tax revenues in a manner that is compatible with Acton’s historic development pattern and establishes pedestrian accessibility and circulation throughout the Kelley’s Corner area. These regulations will provide clear guidance to those who would like to expand or locate businesses in the Kelley’s Corner District. They will ensure that future development will help create the form, cohesion, order, and supporting infrastructure that will identify the Kelley’s Corner District as an attractive, pleasant, and desirable center for business, shopping and other commercial and community activities.

Pedestrian access and circulation are favored in order to limit vehicular congestion and air pollution. Adjacent residential neighborhoods will be connected to the Kelley’s Comer District via pedestrian ways but are otherwise separated with landscape buffers. In order to support the growth and vitality of the center, higher density developments are required to contribute to a fund for the construction of a centralized wastewater collection and treatment system serving the Kelley’s Corner District and surrounding areas. The regulations are intended to implement the Kelley’s Corner Plan as amended.

It is widely recognized that the mere provision of sidewalks and crosswalks will not encourage pedestrian use of a commercial area unless the layout and design of the sites and BUILDINGS are also conducive to pedestrian use. The leading design principles are therefore to provide convenient and efficient pedestrian access within the Kelley’s Corner District and to surrounding neighborhoods and facilities, to provide a safe and comfortable pedestrian environment with walkways, pedestrian conveniences and amenities, and to encourage BUILDINGS with a pedestrian oriented scale and design.

5.6.2 The following standards shall apply to all LOTS in the KC District:

5.6.21 The Site Plan Special Permit Granting Authority shall require sidewalks along the LOT’S FRONTAGE on a STREET or STREETS and walkways between BUILDING entrances and the nearest STREET or STREETS with minimal interruption by driveways. Parking lot aisles, and access and interior driveways do not count as walkways;

5.6.2.2 The Site Plan Special Permit Granting Authority shall require driveway and walkway connections to abutting LOTS within the KC District. Where such connections are not available due to current conditions on abutting LOTS, provisions shall be required to connect to such abutting LOTS at a future date in locations determined by the Site Plan Special Permit Granting Authority;

5.6.2.3 The Site Plan Special Permit Granting Authority shall require pedestrian connections to abutting neighborhoods and facilities outside the KC District. Where such connections are not available due to current conditions in the surrounding area, provisions shall be required for such connections at a future date in locations determined by the Site Plan Special Permit Granting Authority.

5.6.3 The following standards shall apply on all LOTS in the KC District where the FLOOR AREA RATIO exceeds 0.20:

5.6.3.1 The Sidewalk ‑ A sidewalk shall be provided along the LOT’S FRONTAGE on a STREET or STREETS. The sidewalk shall be at least 10 feet wide. Sidewalks may be located wholly or partially within the STREET layout. The sidewalk shall be separated from the vehicular roadway with a landscaped buffer at least 10 feet wide, which shall consist of shade trees placed at 40‑45 foot intervals and other landscaping or STREET design elements, and which may consist in part of on‑STREET vehicular parking spaces.

5.6.3.2 The Pedestrian Plaza ‑ A pedestrian plaza shall be provided on any LOT where the NET FLOOR AREA is 30,000 square feet or more and the FLOOR AREA RATIO exceeds 0.35.

a) The pedestrian plaza shall be an area at the STREET level in front of a BUILDING, on the side of a BUILDING, or in between BUILDINGS, which is to be used exclusively by pedestrians and connects to the sidewalk. For the purpose of this section, a pedestrian arcade located within a BUILDING footprint and open to the outdoors may be counted towards the minimum area required for a pedestrian plaza.

b) A pedestrian plaza shall contain a minimum of 1,500 square feet in area and shall measure at least 20 feet in width. If the NET FLOOR AREA of the BUILDINGS on a LOT exceeds 100,000 square feet, the minimum area for a pedestrian plaza shall be 3,000 square feet. The area required for a sidewalk shall not be included in the pedestrian plaza.

c) The pedestrian plaza shall be next to the STREET and sidewalk, and shall be open on one or more sides to the sidewalk.

d) The pedestrian plaza shall be accented with pedestrian amenities such as benches and kiosks. Shade trees, ornamental trees and other landscaping shall be provided to create a separation between pedestrian and vehicular traffic, to highlight BUILDINGS and pedestrian spaces, to provide shelter from the sun, to minimize glare for drivers, to reduce noise, and to mitigate fumes.

e) All landscaping shall use species that are tolerant to the climatic conditions in Acton and shall be designed to facilitate ongoing maintenance and watering.

f) Notwithstanding any other provisions of this Bylaw to the contrary, the serving of foods and drinks at outdoor tables shall be permitted in a pedestrian plaza.

5.6.3.3 Driveways and Parking Lots ‑

a) No driveway or parking lot shall be placed in the portion of a LOT that is directly in front of a BUILDING as seen from a STREET, whether or not the BUILDING is located on the same LOT as the driveway or parking lot, except that a driveway and parking lot may be placed in the front of a BUILDING that is located in the rear of another BUILDING when viewed from a STREET. No driveways or parking lots shall be located between a pedestrian plaza and a STREET, nor shall any driveway or parking lot intersect or be mixed with a pedestrian plaza.

b) Vehicular driveways and parking lots may be located to the side and rear of BUILDINGS or to the rear of a pedestrian plaza.

5.6.3.4 BUILDING Design ‑

a) At least 60 percent of the front side of a LOT facing a STREET, measured in percentage of linear feet of the LOT FRONTAGE, shall be occupied by BUILDINGS or by a pedestrian plaza that are located within 40 feet of the STREET sideline. A reduction of this requirement to 50 percent of the front side of a LOT may be allowed provided the Site Plan Special Permit Granting Authority finds that the alternative design features are consistent with Section 5.6.1 of this Bylaw.

b) BUILDINGS shall be of a design similar to the architecture in historic commercial centers of New England in terms of scale, massing, roof shape, spacing and exterior materials. Alternative designs may be allowed provided the Site Plan Special Permit Granting Authority finds the alternative design is consistent with Section 5.6.1 of the Bylaw.

c) BUILDING facades facing STREETS or pedestrian plazas are also referred to herein as the BUILDING front(s) or BUILDING front facade(s). Such BUILDING fronts shall have a vertical orientation, meaning either that the BUILDING shall actually have a greater height than width, or that the facades and roof lines of the BUILDING are designed to reduce the massing and bulk so that it appears as a group of smaller masses with a distinct vertical orientation.

d) The BUILDING front facades shall be articulated to achieve a human scale and interest. The use of different textures, shadow lines, detailing and contrasting shapes is required. Not more than 50 feet of a BUILDING front shall be in the same vertical plane.

e) The BUILDING front facade(s) shall be faced with materials used in historic New England architecture. Alternative materials may be used on the BUILDING front facade(s) provided that the Site Plan Special Permit Granting Authority finds the materials to be consistent with Section 5.6.1 of the Bylaw.

f) On the BUILDING fronts, the ground floor shall be occupied, or designed to be available for occupancy, by Retail Stores, Financial services, Restaurants, Hotel, Inn or Motel, Lodges or Clubs, Veterinary Care providers, Personal Services, General Services, Studios, Amusement Facilities, real estate agencies, insurance agencies, travel agencies, law offices, or medical and dental offices.

g) The main business entrance to each ground floor business, identified by the larger doors, signs, canopy or similar means of highlighting, shall be from the BUILDING front.

h) Grocery retailers with a NET FLOOR AREA larger than 20,000 square feet may have a second main entrance in another location, for instance towards a parking lot in the rear or the side of a BUILDING.

i) Arcades and canopies shall not be considered part of the BUILDING. Arcades and canopies may not be located within 10 feet of the sideline of a STREET unless the Site Plan Special Permit Granting Authority finds that the reduction in setback to the sideline of the STREET is consistent with Section 5.6.1 of the Bylaw.

j) The BUILDING front(s) shall contain windows covering at least 15 percent of the facade surface. Windows shall be highlighted with frames, lintels and sills or equivalent trim features. Windows and doors shall be arranged to give the facade a sense of balance and symmetry.

k) Except for ground level display windows, windows shall have a 2:1 ratio of height to width. Alternative window designs may be allowed provided the Site Plan Special Permit Granting Authority finds them to be consistent with Section 5.6.1 of the Bylaw and that they enhance one or more architectural features.

l) On the ground level portion of the BUILDING front, the amount of windows in the facade surface shall be at least 20 percent but not larger than 80 percent. Ground floor display windows shall be framed on all sides by the surrounding wall. They shall be highlighted with frames, lintels and sills or equivalent trim features, or may instead be recessed into the wall or projected from the wall.

m) Mirror windows and highly reflective surfaces shall not be allowed on the BUILDING fronts.

n) Roofs shall be gabled with a minimum pitch of 9/12 (9” vertical for every 12” horizontal) and have overhanging eaves of at least one foot. Two or three story BUILDINGS, or two or three story portions of a BUILDING, may have a flat roof provided that the tops of the BUILDING front facades are treated with an articulated cornice, dormers, or other architectural treatment that appears an integral part of the BUILDING from all visible sides of the BUILDING.

o) The main features of the architectural treatment of the BUILDING front facades, including the materials used, shall be continued around all sides of the BUILDING that are visible from a STREET or a pedestrian plaza. The Site Plan Special Permit Granting Authority may approve alternate treatment of side and rear BUILDING walls that is consistent with Section 5.6.1 of the Bylaw and preserves the architectural integrity of the BUILDING as a whole.

p) Garage doors or loading docks shall not be allowed in the BUILDING fronts.

q) BUILDING service and loading areas shall incorporate effective techniques for visual and noise buffering from adjacent USES.

r) Accessory STRUCTURES, air conditioning equipment, electric utility boxes, satellite dishes, trash receptacles and other ground level utilities shall be unobtrusive when viewed from the STREET and adjacent LOTS.

s) Rooftop mechanical equipment shall be screened from public view by the use of architecturally compatible materials.

TOWN CENTER ZONING
NORFOLK, MASSACHUSETTS

I. B‑1 DISTRICT (TOWN CENTER)

I.1. Purpose

The Master Plan of the Town of Norfolk (the Town) sets forth goals for the Town Center, Economic Development, Housing, Open Space, Circulation, Facilities and Community Vision in Parts A and B of the Master Plan. In order to implement these Master Plan goals, the Town establishes this section for the B‑1 District. Graphic examples and illustrations of the provisions of this section are included in the Appendix of the Zoning Bylaw.

I.2. Local Standards

Section I shall supersede the following sections of the Zoning Bylaw: D.1.e. Buffer/Green Belt/ Landscaping Requirements in Non‑Residential Districts, D.2. (Use Regulations), E.1.b. (Dimensional Requirements), E.1.c. (Lot Width, FRONTAGE and Setback), E.1.d. (YARD Requirements), E.1.e. (BUILD FACTOR), E.2. (Modification), F.4.a. (Alteration and Enlargement), and F.5. (ACCESSORY BUILDINGS) except F.5.e. (MOBILE HOMES). All other sections of the Zoning Bylaw, except where otherwise specifically stated herein, shall apply within the B‑1 District.

I.3. District Boundaries

The B‑1 District is further divided into two areas: (1) The BUSINESS CORE, which consists of that portion of the B‑1 District which is west of “Carlson’s Circle” (the access easement located 185 feet east of and parallel to Rockwood Road) and (2) Outside the BUSINESS CORE, which consists of all remaining areas of the B‑1 District.

I.4. Lot and Yard Requirements and Standards

I.4.a. General B‑1 District Requirements

I.4.a.l. Building Scale. No Building FOOTPRINT, other than a GROCERY STORE, Municipal BUILDING, or VARIETY STORE, shall exceed 8,000 square feet except by Special Permit. No GROCERY STORE or VARIETY STORE FOOTPRINT shall exceed 45,000 square feet except by Special Permit. No Municipal BUILDING FOOTPRINT shall exceed 20,000 square feet except by Special Permit. Upon issuance of a Special Permit from the Zoning Board of Appeals, no Building FOOTPRINT other than a GROCERY STORE, Municipal BUILDING or VARIETY STORE shall exceed 15,000 square feet, no Municipal BUILDING FOOTPRINT shall exceed 30,000 square feet, and no GROCERY STORE or VARIETY STORE FOOTPRINT shall exceed 50,000 square feet.

I.4.a.2. Planned Multi‑Lot Development. PLANNED MULTI‑LOT DEVELOPMENT (“PMLD”) is the development of not less than 80,000 square feet of land into a formally associated group of LOTS as part of a common scheme by Special Permit by the Planning Board so that such LOTS need not be self‑sustaining and adequate common provisions are made for parking, drainage, septic disposal and other infrastructure needs of the LOTS, BUILDINGS or STRUCTURES so accommodated.

I.4.a.2.A. Membership in a Property Owners Association shall be mandatory for all property owners within a PMLD and shall be made a required covenant in all deeds issued or passed for property in a PMLD.

I.4.a.2.B. The APPLICANT shall prepare Property Owners Association documents for the Property Owners Association(s). The Property Owners Association documents shall require the association to accept title to any Common Property in the PMLD and that all Common Property shall be deeded by the APPLICANT to the Property Owners Association. The Property Owners Association documents shall further provide that every Owner in a PMLD shall be jointly and severally liable for the ongoing maintenance, operation and upkeep of all Common Property, and that the Town shall have the right, but not the obligation, to enforce these responsibilities against any Owner.

I.4.a.2.C. The Property Owners Association documents for a PMLD shall provide voting and use rights, shall provide the Property Owners Association with the authority to acquire a lien upon the property of any of its members in order to secure collection of any amounts due to the Property Owners Association from its members, and may also provide for the charge of dues, levies, or assessments to cover expenses which include, but are not limited to, tax liabilities, maintenance and municipal or State assessments.

I.4.a.2.D. For the purposes of these subsections, “Common Property” shall mean all land areas used in common for septic, drainage, parking or other land uses. In addition, Common Property shall include, without limitation, such personal property as pumps, pump chambers, piping, valves, manholes, culverts, asphalt and other paving materials, and septic tanks as may be used by two or more units or BUILDINGS in a PMLD. Common Property may also include similar personal property such as septic tanks even if not used by more than one unit if such personal property is to be maintained as a part of the common scheme for the PMLD.

I.4.a.3. Phased Development. APPLICANTS shall be allowed to plan, plat and create proposed LOTS or BUILDING sites in anticipation of a known PLANNED MULTI‑LOT DEVELOPMENT or other proposal which will furnish needed infrastructure for a particular property provided the Town is given surety or other binding assurance, in a form and amount acceptable to the Planning Board, that will insure that no construction occurs without the necessary infrastructure.

I.4.a.4. Pedestrian Ways and Street Trees. LOTS or BUILDING sites which are either newly developed from unimproved land or REDEVELOPED shall provide PEDESTRIAN WAYS and street trees in accordance with the Subdivision Regulations along the FRONTAGE SIDE(s) of the LOT.

I.4.a.5. Pedestrian Access. BUILDINGS shall generally be PEDESTRIAN WAY ‑ oriented and shall be physically and visually accessible to pedestrians from the PEDESTRIAN WAY. BUILDINGS shall provide pedestrian entrances that open to the front PEDESTRIAN WAY and may provide other entrances to the side or rear. Within the BUSINESS CORE, unless otherwise provided by Special Permit by the Planning Board, the FRONTAGE SIDE of each BUILDING shall have not less than 70% of the length of its PEDESTRIAN WAY level streetside facade comprised of doorways which provide physical access, and windows or other transparent elements of walls which provide visual access.

I.4.a.6. Streetscape. Within the BUSINESS CORE, BUILDINGS shall be not more than forty feet in height. At least 60% of the vertical wall area of the FRONTAGE SIDE facade of BUILDINGS (excluding porches) shall be parallel with and aligned to the BUILD‑TO LINE, and a minimum 60% portion of the FRONTAGE SIDE facade shall also be made up of vertical BUILDING wall, dormers, or a parapet or false facade to a height of twenty feet. Bay windows and balconies above STREET level may project toward the STREET beyond the BUILD‑TO LINE. Outside the BUSINESS CORE, BUILDINGS shall not be more than forty feet in height. BUILDING HEIGHT shall not include any steeples, flag poles, weather vanes, or cupolas. The highest point of any such steeples, flag poles, weather vanes, or cupolas shall not exceed eighty (80') feet.

I.4.a.6.a. Notwithstanding the provisions of I.4.a.6. above, a TOWN HALL shall have at least ten percent (10%) of the vertical wall area of its FRONTAGE SIDE facade (excluding porches) parallel with and aligned to the BUILD‑TO LINE, and at least sixty percent (60%) of its FRONTAGE SIDE facade shall be made up of vertical building wall, dormers, or a parapet or false facade to a height of at least twenty (20) feet but not more than thirty (30) feet.

I.4.a.7. Accessory Buildings. Minimum front YARD setback for ACCESSORY BUILDINGS and attached or detached garages shall be twenty feet from the front YARD of the Principal BUILDING, STRUCTURE or Use on that LOT.

I.4.a.8. Utilities. All utilities within the B‑1 District shall be located underground. Utility outlets, service entrances, transformers and other utility services shall generally be centrally clustered in a neat and orderly fashion and shall be located to the rear of BUILDINGS or screened from view.

I.4.a.9. Residential Use. Notwithstanding any contrary provisions of the zoning bylaw, Section F.11., Site Plan Approval, and Section F.12., Design Review, shall also apply to all Assisted Living Facilities and mixed‑use BUILDINGS, STRUCTURES or uses within the B‑1 District.

I.4.a. 10. Street Specifications. Notwithstanding any contrary provisions of the zoning bylaw, all STREETS and roads within the B‑1 District shall conform to the specifications and construction details of the Town’s subdivision regulations.

I.4.a.11. Residential Density. Residential DWELLING UNITS, except for ASSISTED LIVING FACILITIES, shall not have more than one bedroom per unit. Residential densities, except for ASSISTED LIVING FACILITIES, shall not exceed the ratio of six bedrooms per acre for any single LOT or an entire PLANNED MULTI‑LOT DEVELOPMENT. Residential densities for ASSISTED LIVING FACILITIES shall not exceed the ratio of 16 bedrooms per acre for any single LOT or an entire PLANNED MULTI‑LOT DEVELOPMENT, except by Special Permit by the Zoning Board of Appeals.

I.4.a. 12. Residential Conversions. Residential uses shall not be commenced in BUILDINGS or STRUCTURES existing at the time of the adoption of this section of the zoning bylaw, except by Special Permit by the Zoning Board of Appeals.

I.4.a. 13. Visual Corner Clearance. All unsignalized STREET intersections shall provide adequate sight distance in conformance with the requirements of the Town’s subdivision regulations, except by Special Permit by the Planning Board.

I.4.a.14. REDEVELOPMENT. No REDEVELOPMENT shall be permitted in the B‑1 District, except by Special Permit from the Zoning Board of Appeals, which does not bring the BUILDING or LOT into full compliance with the requirements of Section I. of the zoning bylaw.

The REDEVELOPMENT special permit applies specifically, but may not be limited to, the following portions of Section 1, 131 District: I.4.a.4.; I.4.a.5.; I.4.a.6.; I.4.a.7.; I.4.a.8.; I.4.a. 15.; and I.4.b. in its entirety. The Zoning Enforcement Officer may determine that the requirements of I.4.a.8. (Underground Utilities) be waived.

I.4.a. 15. Town Water. All new water connections for domestic supply or fire protection shall be connected to the Town water system. Any REDEVELOPMENT which uses water shall be required to connect to the Town water system. (Connection to the Town water system is not required unless the lot upon which building or redevelopment is proposed is located within a PLANNED MULTI‑LOT DEVELOPMENT or yet to be proposed subdivision. In order to require that a connection be made to the Town’s water system, the portion of the way which fronts such a lot must contain a municipal water main into which such a connection may be made.)

I.4.b.l. General Requirements

I.4.b.l.A. No BUILDING, STRUCTURE, Use, PARKING AREA, driveway, vehicle circulation area, or other vehicle access way shall be located less than 50 feet from the Residential District.

I.4.b. 1 B. All outdoor facilities for the storage of fuel, refuse, materials and/or equipment shall be screened from view with a solid fence STRUCTURE and located to the rear of the building to which it is accessory. The fence shall be of reasonable height, a minimum of 6 feet, and the enclosure shall not exceed 1,000 square feet in area except by Special Permit from the Planning Board.

I.4.b.1.C. A green belt shall be provided on any LOT that abuts a Residential District should any use on said LOT (including any BUILDINGS, STRUCTURES, PARKING AREAS, driveways, vehicle circulation areas or other vehicle access ways) be located less than 100 feet from the Residential District. Such green belt shall:

I.4.b.l.C.l. Be located on the non‑residential LOT along the shared property line.

I.4.b.l.C.2. Have a minimum depth from the shared property line of 30 feet.

I.4.b.l.C.3. Be used for no purpose other than planting and/or sidewalks.

I.4.b.1.C.4. Constitute a screen of evergreen trees and/or shrubs not more than 15 feet apart planted in two or more staggered rows. The distance between each row shall not be more than 10 feet. Plants shall be no less than 6 feet in height at the time of planting and shall be continuously maintained.

In those circumstances where an effective screen of existing plantings already provides an appropriate buffer, the Planning Board has the discretion, during the Site Plan Approval process, to waive strict compliance with Section I.4.b.l.C., provided that the intent of Section I.4.b.l.C. is met. If such a waiver is granted, the Planning Board shall, in its Site Plan Approval, require that the green belt be maintained and replanted where necessary to provide an effective screen throughout the life of the site and the STRUCTURE.

I.4.b.l.D. Landscaping Requirements: For each foot of FRONTAGE the LOT shall contain 40 square feet of landscaping. This requirement shall not be conditioned to require landscaping of more than 20% of the LOT.

I.4.b.2. Within the Business Core:

(A) BUILD‑TO LINE: At the APPLICANT’s discretion, shall be either eleven (11) or nineteen (19) feet from, and parallel with, the Frontage line(s) of the LOT;

(A.)1. Notwithstanding the provisions of I.b.b.2.(A) above, the BUILD‑TO LINE of a TOWN HALL shall be at least nineteen (119) feet and not more than one hundred twenty‑five (125) feet from the FRONTAGE line of the LOT.

(B) Minimum front YARD setback: none;

(D) Maximum LOT COVERAGE: 80 percent* or 60 percent;

(E) Minimum side YARD setbacks: zero (0) feet;

(F) Minimum LOT FRONTAGE: 20 feet* or 75 feet; and

(G) Minimum rear YARD setbacks: 5 feet.

*For PLANNED MULTI‑LOT DEVELOPMENT

I.4.b.3. Outside the Business Core:

(A) BUILD‑TO LINE: none;

(B) Minimum front YARD setback: 25 feet for principal BUILDINGS;

(D) Maximum LOT COVERAGE: 60 percent* or 40 percent;

(E) Minimum side YARD setbacks: zero (0) feet;

(F) Minimum LOT FRONTAGE: 40 feet* or 100 feet; and

(G) Minimum rear YARD setbacks: 10 feet.

*For PLANNED MULTI‑LOT DEVELOPMENT

I.5. Sign Regulations

All signs and advertising devices within the B‑1 District shall be subject to Section F.9, Sign Regulations, of the zoning bylaw.

I.6. Parking

The requirements of Section F.7., Parking, of the zoning bylaw are modified by the following subsections. In the event of a conflict between Section F.7. and any of the following subsections, the following sections shall control.

I.6.a. Shared Parking. Where the APPLICANT demonstrates to the Planning Board through the Site Plan Approval process that parking spaces on the same side of any STREET within the B‑1 District can be utilized by more than one use located within 450 feet, such that vehicles occupying a particular number of spaces are unlikely to require the use of those spaces at the same time of day or the same day of the week, the immediate construction of up to 30% of a parking area may be postponed, provided: M adequate land area is reserved for additional parking should it be needed in the future, (ii) the area reserved for future parking is shown on the site plan, (iii) no BUILDING or STRUCTURE may be placed on any area reserved for future parking, (iv) surety or other means of performance assurance in a form and amount acceptable to the Planning Board is given to the Town to insure that such additional parking area (including drainage and landscaping) will be constructed if needed, and M as a condition of postponing such construction, the Planning Board shall review the adequacy of the parking area every three years after endorsement of the site plan, or more frequently upon request of the Zoning Enforcement Officer, and certify that the number of parking spaces provided continues to be sufficient having regard for the actual uses of the site. The Planning Board shall be the determining authority regarding the future need of such parking.

I.6.b. Attribution of Parking Spaces. Parking spaces may be considered as a part of the requisite parking allocated to a particular LOT or use, if those spaces are entirely on that LOT or the use of the spaces has been assured by assignment through easement or other legal guaranty. On‑STREET parking, where allowed, may be considered as a part of the requisite parking allocated to a LOT where an on‑STREET space abuts the FRONTAGE of that LOT. Where an on‑STREET space abuts more than one LOT, said space may be allocated to a particular LOT only if more than 66% of the space abuts that LOT.

I.6.c. Bicycles. Not less than one Bicycle Parking or Storage Space shall be created for every twenty vehicular parking spaces created.

I.6.d. Linked Parking. PARKING AREAS of adjacent LOTS shall have reasonable and convenient off‑STREET vehicular connections. Where adjacent property has not been developed, provision shall be made for future off‑STREET connections with adjacent properties; “reserved” strips of land or other measures which preclude or are designed to prevent such off‑STREET connections shall not be permitted.

WICKFORD VILLAGE ZONING DISTRICT
NORTH KINGSTOWN, RHODE ISLAND

Sec. 21-93. Wickford Village district.

Purpose and intent. The purpose of this zoning district is to encourage small-scale business and residential uses consistent with the historic and pedestrian-scale characteristics that exist and are desired to be retained and which are unique to Wickford Village.

General provisions.

(1) Development in the Wickford Village District shall follow the Village character design guidelines in Section 21-269.

(2) In the Wickford Village district any use or structure in excess of 5,000 square feet gross floor area shall require a Special Use Permit, and no structure shall have a footprint exceeding 10,000 square feet.

(3) Outdoor displays of merchandise or goods are permitted subject to the following requirements:

(a) The total area of such displays shall not exceed 5% of the total floor area of the business establishment;

(b) The outdoor display must be on the same lot as the establishment and behind the front face of the building;

(d) With the exception of plants and landscaping materials, all outdoor display must be brought inside by the end of each business day.

Items (a), (b) and (c) shall not apply during special village-wide festivals or events during specified times of the year, when designated as such by the Town Council.

WICKFORD VILLAGE – DIMENSIONAL REGULATIONS

	WV

Minimum Dimensions
Lot Area	4,500 sf
Lot Width	40’
Lot Frontage	40’

Building Setbacks:
Front	(1)
Side	(4)
Corner Side	(1)
Rear	30’

Maximum Dimensions
Building Stories	3
Building Height	35’ (5)
Building Footprint	10,000 sf
Building Width	2.5 x bldg. hgt.
Building Depth	3.5 x bldg. hgt.

Impervious Lot Coverage	90%

Footnotes:

(1) [Front yard setback shall be the average of the existing setbacks on the same side of the street as the subject site for a distance of 500 feet on both sides. Principal buildings shall front at this setback or no more than 5 feet behind it. If the latter, the area between the building and the street line shall be landscaped with appropriate material (e.g. bricks, concrete, stone pavers but not asphalt) and appropriately planted, signed and lit.]

(4) 0’ if attached; 10’ if not attached

(5) On single story structures, the maximum building height shall be 25 feet and the roof shall have a slope or pitch of at least one foot vertical rise for each two feet of horizontal distance.

WICKFORD VILLAGE – OFF-STREET PARKING

(k) Wickford Village District. On-street parking located directly in front of a lot on which a business use operates may be counted towards fulfilling the off-street parking space requirements of that use.

(l) Wickford Village District. Personal Convenience services (as listed in the Land Use Table), museums, libraries and art galleries, which are operated in store fronts or as home occupations, and which do not exceed 750 square feet of floor space, are exempt from off-street parking space requirements.

(m) Wickford Village District. Off-street parking shall be located, to maximum extent feasible, at the rear of the building. No off-street parking shall be located between the street line and the building face containing the principal entrance.

WICKFORD VILLAGE DESIGN STANDARDS
NORTH KINGSTOWN, RHODE ISLAND

Sec. 21-269. Village character design standards.

1. Purpose and intent. The design standards in this section are intended for use by those developing and those reviewing development located within designated village areas. The standards are intended to provide guidance consistent with the Comprehensive Plan. They shall not be regarded as inflexible requirements and are not intended to discourage creativity, invention or innovation.

2. Applicability. These standards shall apply to new construction, additions, and renovations that are referred to this section by any other section of the zoning ordinance.

3. General principles.

(a) Every reasonable effort shall be made to preserve the distinguishing original qualities of a building, structure or site and its environment.

(b) Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity.

(c) Contemporary design for alterations and additions to existing properties are acceptable when such alterations and additions do not destroy significant historical, architectural or cultural material, and when such design is compatible with the surrounding environment.

(d) The removal or alteration of any historic material, architectural features or trees should be avoided when possible. Removal or disruption of historic, traditional or significant uses, structures, or architectural elements shall be minimized insofar as practical, whether these exist on the site or on adjacent properties.

1. Standards.

(a) Preservation and enhancement of landscaping. The landscape shall be preserved in its natural state, insofar as practical, by minimizing tree and soil removal. Any grade changes shall be in keeping with the general appearance of neighboring developed areas.

(b) Relation of buildings to environment. Proposed development shall be related harmoniously to the terrain and to the use, scale, and architecture of existing buildings in the vicinity that have functional or visual relationships to the proposed buildings. Proposed buildings shall be related to their surroundings with respect to the following:

¨ Buildings should reflect a continuation of treatment found in surrounding buildings such as maintaining front-yard setbacks at the build-to line, maintaining cornice lines in buildings of the same height, and extending horizontal lines of windows and doors.

¨ Buildings should be composed of materials that complement adjacent facades.

¨ Architectural styles, design themes, and site details including signs, lighting, pedestrian furniture, planting and paving, along with building materials, colors, textures, and grade should be compatible within the overall site design and should preserve and enhance the character of the surrounding area. These details should blend with their surroundings to create a diverse, yet unified, street composition.

¨ The shape and proportion of windows, doors and other design elements shall be compatible with architectural style and character of the building and that of its surroundings.

¨ The scale of the building should be compatible with its architectural design style and character of the surroundings.

¨ The scale of ground level design elements such as building entryways, windows, porches, plazas, parks, pedestrian furniture, signs, plantings and other street and site elements should be directed toward the use and enjoyment of pedestrians.

¨ Flat roofs are prohibited on one-story buildings but may be used on buildings with a minimum of two stories provided that all visibly exposed walls have an articulated cornice that projects horizontally from the vertical building plane. Gambrel, gable, and hip roof types are permitted as appropriate.

¨ Architectural embellishments that add visual interest and are compatible with the surroundings, such as dormers, masonry chimneys, cupolas, and other similar elements, are encouraged.

¨ Heating, ventilation and air conditioning systems should be enclosed with architectural features consistent with the building design.

(d) Architectural details.

¨ Building wall offsets, including projections, recesses, changes in materials, colors, or textures or changes in floor level, should be used to avoid long uninterrupted ground-level walls. Similarly, roof line offsets shall be provided in order to relieve the visual effect of a single long roof.

¨ The architectural treatment of the front facade should be continued, in its major features, around all visible sides of a building.

¨ Where construction of a blank wall is necessitated by the building code, the wall should be articulated by the provision of blank window openings trimmed with frames, sills and lintels or, if the building is occupied by a commercial use, by using recessed or projecting display window cases.

¨ In mixed-use buildings, the difference between ground floor commercial uses and entrances for upper level commercial or residential uses should be reflected by distinct but compatible differences in facade treatment.

(e) Windows and doors.

¨ No building should extend along the street for more than 35 feet without an entrance, or for more than 10 feet without windows.

¨ New construction for commercial buildings should have glazed storefronts at street level to encourage pedestrian traffic and commercial activity. Transparency along the street wall at the first floor should be at least 60% of the wall area over a 7 foot high zone between the heights of 2 and 9 feet from the sidewalk. Windows at street level should provide views of interior spaces or displays and not be obscured by signage. (Residential structures converted for business use shall be exempt from this standard.)

¨ Windows on the upper floors of the street facade should be a minimum of 4-1/2 feet tall and 2-1/2 feet wide. Upper floors should have a transparency (glass surface) of between 15% and 40%.

¨ Upper story windows should be operable. Double-hung windows with some casement windows are the most traditional in the region. Sliding, awning and jalousie windows are discouraged.

¨ Individual windows may be grouped, but continuous strip windows without vertical divisions on the upper story of a building are not acceptable.

¨ Occupiable balconies and bay windows are encouraged and may project over the sidewalk up to 3 feet with 10 feet of clearance.

¨ Front and side porches are encouraged. Porches should be 4 to 10 feet deep and square porch posts should be a minimum of 5.5 inches per side. Turned columns should not be narrower than 4 inches at any one point.

(f) Exterior building materials.

¨ Preferred building materials are wood, brick and stone. Preferred finish treatments are stain, paint, or unfinished brick or stone. Tile and metal wall surfaces are not typical materials in this area, but may be acceptable in limited applications.

¨ The use of vinyl siding is discouraged unless detailed to be consistent with traditional wood construction and trim details. The use of corrugated concrete or cinder block as the finish surface is discouraged unless used for chimneys. Asphalt, stucco and asbestos wall surfaces are discouraged.

¨ New building materials may be allowed if compatible in appearance with surrounding buildings and if the material can be demonstrated to maintain its appearance over time.

(g) Open Space. All open space (landscaped and usable) shall be designed to add to the visual amenities of the area by maximizing its visibility for persons passing the site or overlooking it from nearby properties.

(h) Signs and advertising devices. The size, location, design, color, texture, lighting, and material of signs and advertising devices shall be in harmony with significant architectural features of existing and proposed buildings and structures and with surrounding properties.

Avoid:

Preferred:

(i) Storage, utilities and other accessory elements. Exposed storage areas, exposed machinery installations, service areas, truck loading areas, utility buildings and structures, and similar accessory areas and structures shall be subject to such setbacks, screen plantings or other screening methods as shall reasonably be required to prevent their being incongruous with the environment and surrounding properties.